Q: Siblings selling house that's under contract. Brother is out of the country. Necessary legal documents needed.
My brother and I jointly own a mortgage free home in NC that is under contract. Is a POA required from my brother in order for the closing to go forward? If so, is it mandated to be sent to me by mail to sign and have notarized and sent back to the lawyer? Or are there other means of his sending/ signing a POA such as a virtual signing, email, scanned copy ,etc. of document? If POA has to be sent by mail to me , the problem is that the country he is in , mail service is at least 3+ weeks getting from there to NC. Now with COVID-19, there are additional delays with the mail; often not even leaving the country. If POA is not mandatory, can my brother and I ,each, sign the closing contract online ? What can be done to expedite the closing of this sale due to the circumstances?
A: Yes in order for the property to be sold your brother will need to execute a POA. While virtual notarizations are currently acceptable in NC, they are only allowed for reasons related to COVID and this does not meet the requirements. It sounds like you are going to have to push everything back until you can get a POA for your brother.
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